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High Court for State of TelanganaCRLP/13944/2025allowed no costs

Pasula Sambaiah, v. The State Of Telangana,

2025-11-03K. Sujana5 pages

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13944 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of prearrest bail to the petitioner, who arrayed as accused No.3 in Crime No.480 of 2025 before the Hanamkonda Police Station, Warangal District, registered for the offences punishable under Section 108 read with 3(5) of the Bharatiya Nyaya Sanhita (BNS). 2.

The brief facts of the case are that on 09.09.2025, the defacto complainant lodged a report with the police stating that the marriage between the deceased and Accused No.1 had taken place. Subsequently, disputes arose between them. On 01.09.2025, the deceased went to drop Accused No.1 at Accused No.2's house. The next day, when the deceased tried to contact Accused No.1, her phone was found to be switched off. Consequently, the deceased filed a missing person report for Accused No.1 and later came to know that Accused No.1 had already lodged a complaint against the deceased. A panchayat was conducted, which both parties attended. During the meeting, Accused No.1 alleged that the deceased had threatened her and married her without her consent.

Later, on 09.09.2025, when the complainant called her son, she was informed that her son had committed suicide by consuming poison. According to the de-facto complainant, due to the harassment by Accused Nos.1 and 2 and accused No.2 who had warned the deceased not to interfere in the matter between Accused No.1 and himself, he was driven to commit suicide, as such requested the police to take necessary action. Based on her complaint, a case was registered under Crime No.480 of 2025 for the aforementioned offences.

3.

Heard Sri Madiraju Prabhakar Rao, learned counsel for the petitioner, and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent-State.

4.

The contention of the learned counsel for the petitioner is that the petitioner is innocent of the allegations made and that no specific role has been attributed to him in the alleged offence. The petitioner is a stranger to Accused Nos.1 and 2 and has been falsely implicated in the crime. He has no connection with the family of the deceased or Accused No.1. The petitioner is merely a village elder and has not intimidated the deceased in any manner that could have led to the alleged suicide. Furthermore, there is no suicide note or dying declaration implicating the petitioner. Therefore, the petitioner has no connection with the alleged

offence, and requested the Court to grant pre-arrest bail by allowing the criminal petition.

5.

On the other hand, learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for petitioner stating that the allegations against the petitioner are grave in nature, granting pre-arrest bail at this stage would impede the ongoing investigation and therefore urged the Court to dismiss the criminal petition.

6.

Upon considering the submissions made by both the learned counsel and examining the material available on record, it appears that the allegations against the petitioner fall under Section 108 of BNS, alleging that he is also responsible for the death of the deceased. However, there is no specific information in the report indicating that the petitioner abetted the deceased in committing suicide. The only reference is that the petitioner allegedly warned the deceased not to interfere with Accused No.1. Considering the facts and circumstances of the case, and noting that custodial interrogation of the petitioner does not appear necessary, this Court deems it appropriate to grant pre-arrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Hanamkonda Police Station, Warangal District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

iii.

The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., till the filing of the charge sheet and thereafter, as and when required.

7.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 03.11.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13944 of 2025 Date: 03.11.2025 SS